COMPILED REVIEW FOR UNIT2

COMPILED REVIEW FOR UNIT2 - LEBUnit2 UNIT 2 Torts: Two...

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                                LEB Unit 2 2/18 UNIT 2 Torts: Two major areas of law: criminal and contract law a) The major purpose of criminal law -to define wrongs against the state and to permit the state to punish those who committed the acts by the imposition of fines or imprisonment b) The major purpose of contract law- a. To spell out the nature of the rights and duties springing from private agreements from individuals b. Compensate the innocent part for the loss resulting from the other’s breach of contract. Acts that came to be recognized as wrongs under these rules acquired the name of “torts”. *Because tort law applies to a wide range of activities, any introductory definition of tort must necessarily be framed in general terms- ex. “ a)“any wrong excluding breaches of contract and crimes” c) “Any non-contractual civil wrong doing committed upon the person or property of another”. Scope and Complexity of Tort Law Tort law encompasses a wide range of human conduct that the breaches of some duties have little in common with others. EX. Some actions are considered tortuous (wrongful) only when the actor intended to cause an injury- whereas in other actions, the actors intentions are immaterial. Interest and Duty Each time a court allows a plaintiff to receive damages for a tort committed by a defendant, it is saying that the plaintiff has an interest sufficiently important for the law to furnish protection and that correspondingly, in a civilized society, the defendant has a duty (ex. not to harm, injure, or steal) that was breached Ex. in bodily integrity, in enjoying the benefits of private property, in a good reputation Negligence What is negligence? Negligence is carelessness- each of us has a
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duty as we live our lives and carry on our professions to exercise care not to injure others. Elements of that must be proved for right of recovery: 1) Defendant owed the plaintiff a duty of due care 2) Defendant breached that duty of due care 3) The defendant’s breach proximately caused the injury 4) Plaintiff suffered injury. Duty As a general rule, it may be said that we each owe a duty to every person who we can reasonably foresee might be injured by our carelessness Burke V. PAN AM Sued PAN AM for wrongful death of her sister. Claimed she felt pain at the time of crash Ruling: Burkes injuries were too bizarre to be reasonably foreseeable even if she did sustain them- defendants owed no legal duty to the plaintiff. *When a plane crashes because of airline negligence, its duty is foreseeable to the passengers only. Factors for reasonable foreseeability 1) the foreseeability of harm to the plaintiff 2) the degree of certainty that the plaintiff suffered injury 3) closeness of the connection between the defendant’s conduct and the injury suffered. 4) The moral blame attached to
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COMPILED REVIEW FOR UNIT2 - LEBUnit2 UNIT 2 Torts: Two...

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